206 A.D. 728 | N.Y. App. Div. | 1923
I dissent. The contract was for the care of an infirm, aged woman in a home maintained by plaintiff. It was not executory (13 C. J. 245; Farrington v. Tennessee, 95 U. S. 679, 683; Justice v. Lang, 42 N. Y. 493, 496; Williston Cont. 13) but was in a present state of execution and performance. If the paper referred to in the signed contract is all included, it was a contract with an option to either party to terminate, enforcible until such time as notice is given (Hess v. Roberts, 124 App. Div. 328; Schweinburg v. Altman, 145 Id. 377;